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What is Common Law?

Put simply, Common Law, or the Law of the Land, has been used to govern and keep the peace in communities ever since mankind gathered together for their mutual protection. It is the body of law decided on by a community to govern themselves and to ensure all people can gain a remedy for any wrong done against them. 

Common law in Australia is vested in our Commonwealth of Australia Constitution Act 1901 – It is the highest law of the land. This website provides information, explains procedures, and makes available documents for anyone wishing to learn about and use Common Law.

The Founding Fathers authorized three legal systems in the Constitution, first Common Law, secondly Equity Law, and thirdly Admiralty Law, which is the law of the sea. Gradually Common Law has been displaced by Equity Law until today the Common Law is rarely heard of or understood because it has been covered up and hidden away by the legal profession for very understandable business reasons. Such people are pursuing their own private agenda. In fact, the Common Law is generally looked upon as obscene by those who would assume power over us, because once confronted with Common Law they lose their assumed authority.

Our Commonwealth of Australia Constitution Act 1901 is our supreme common law. We refer to the Oxford Law dictionary, not Black’s Law Dictionary, as it refers to US Law. We operate our Common Law under The Crimes Act 1914, S.24F, 13 & 15F.

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